NM v SM (Rights of custody in foreign court; acquiescence by that court) [2017] EWHC 1294 (Fam) (10 April 2017)

NM v SM (Rights of custody in foreign court; acquiescence by that court) [2017] EWHC 1294 (Fam) (10 April 2017)

The Irish court, having acquired rights of custody upon service of proceedings, had the opportunity to order the child's retention in Ireland but declined to do so, amounting to acquiescence in the child's retention in England. Therefore, the application for summary return under the Hague Convention is dismissed.

Source-derived case information.

Citation
[2017] EWHC 1294 (Fam)
Parties
Applicant: NM; Respondent: SM
Jurisdiction
England and Wales
Judgment Date
10 April 2017
Procedural Posture
Application for Summary Return of a Child Under the Hague Convention / Final Hearing
Outcome
Application dismissed
Legal Topics
Hague Convention, Rights of Custody, Acquiescence by Foreign Court, Guardianship, Habitual Residence
Family Law International Child Abduction Hague Convention Rights of Custody Acquiescence by Foreign Court Guardianship Habitual Residence

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Parties

NM

Applicant

SM

Respondent

Procedural Posture

Application for Summary Return of a Child Under the Hague Convention / Final Hearing

Legal Issues

  1. 1 Whether the retention of the child in England was wrongful under the Hague Convention
  2. 2 Whether rights of custody existed in the Irish court at the relevant time
  3. 3 Whether the Irish court acquiesced in the child's retention in England

Ratio Decidendi

The Irish court, having acquired rights of custody upon service of proceedings, had the opportunity to order the child's retention in Ireland but declined to do so, amounting to acquiescence in the child's retention in England. Therefore, the application for summary return under the Hague Convention is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for summary return of the child to Ireland under the Hague Convention is dismissed.
  • Mother's undertakings to cooperate with Irish proceedings and comply with Irish court orders are recorded and remain in effect.